Lyles v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Watts, J., Fairfield, Action by L. C. Lyles against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Nothing in the message to give notice to company of results of delay: 73 S. C., 430, 383. Company may rely upon its reasonable rules without special notice to sender: 71 S. C., 30-8. No testimony as to waiver; error to submit that issue to jury: 29 S. C., 152; 75 S-. C., 529; 15 S. C., 95. There was no mental anguish resulting from…
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Before Watts, J., Fairfield, Action by L. C. Lyles against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Nothing in the message to give notice to company of results of delay: 73 S. C., 430, 383. Company may rely upon its reasonable rules without special notice to sender: 71 S. C., 30-8. No testimony as to waiver; error to submit that issue to jury: 29 S. C., 152; 75 S-. C., 529; 15 S. C., 95. There was no mental anguish resulting from negligence of company: 75 S. C., 57. Only long and unexplained delay raises presumption' of negligence: 72 S. C., 257;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
On 1st July, 1908, the plaintiff sent from Columbia over defendant’s lines this telegram, addressed to J. B. Burley, Rockton, S'. C.: “Charlie died today. Meet at Bookman tomorrow.” The plaintiff’s purpose in sending the message was to> notify Burley, her brother, of the death of her husband, and have him to meet the remains at Bookman and provide for interment at a place of burial some distance from the station. ’ This notice was printed on the back of the message as sent from Columbia: “Messages will be delivered free within the…
2Cases cited3 opinions
- Lyles v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Campbell v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906
- Martin v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
3Cited by2 opinions
- Hinson v. Western Union Telegraph Co.Supreme Court of South Carolina · 1912
- Western Union Telegraph Co. v. FranklinTennessee Supreme Court · 1914